THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY FOLMER, VOGEL, RAFFERTY, ERICKSON, ORIE, SMUCKER, FARNESE, PILEGGI, ALLOWAY, BROWNE, WAUGH, FERLO, YUDICHAK, BOSCOLA, MENSCH AND PICCOLA, JULY 21, 2011

SENATOR CORMAN, APPROPRIATIONS, RE-REPORTED AS AMENDED, MARCH 13, 2012   

AN ACT

Amending Title 62 (Procurement) of the Pennsylvania Consolidated

Statutes, further providing for sole source procurement and

for emergency procurement.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Sections 515 and 516 of Title 62 of the

Pennsylvania Consolidated Statutes are amended to read:

§ 515.  Sole source procurement.

(a)  General rule.--A contract may be awarded for a supply,

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service or construction item without competition if the

contracting officer first determines in writing that one of the

following conditions exists:

(1)  Only a single contractor is capable of providing the

supply, service or construction.

(2)  A Federal or State statute or Federal regulation

exempts the supply, service or construction from the

competitive procedure.

(3)  The total cost of the supply, service or

construction is less than the amount established by the

department for small, no-bid procurements under section 514

(relating to small procurements).

(4)  It is clearly not feasible to award the contract for

supplies or services on a competitive basis.

(5)  The services are to be provided by attorneys or

litigation consultants selected by the Office of General

Counsel, the Office of Attorney General, the Department of

the Auditor General or the Treasury Department.

(6)  The services are to be provided by expert witnesses.

(7)  The services involve the repair, modification or

calibration of equipment and they are to be performed by the

manufacturer of the equipment or by the manufacturer's

authorized dealer, provided the contracting officer

determines that bidding is not appropriate under the

circumstances.

(8)  The contract is for investment advisors or managers

selected by the Public School Employees' Retirement System,

the State Employees' Retirement System or a State-affiliated

entity.

(9)  The contract is for financial or investment experts

to be used and selected by the Treasury Department or

financial or investment experts selected by the Secretary of

the Budget.

(10)  The contract for supplies or services is in the

best interest of the Commonwealth.

(b)  Posting of justification on Internet.--For procurements

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made under subsection (a)(1), (2), (4) and (10), justification

to support the finding that the condition exists shall be posted

on the purchasing agency's publicly accessible Internet website

for seven calendar days for public comment prior to Commonwealth

execution of the contract.

(c)  Written determination.--The written determination

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authorizing sole source procurement shall be included in the

contract file[.] and shall include a justification explaining

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why the sole source procurement is necessary. For procurements

over $250,000 made under paragraph (10) subsection (a)(10), the

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justification, which shall be signed by the Secretary of General

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Services, and for information technology contracts by the

Secretary of Administration or by the Chief Information Officer

of the Office of Information Technology, shall include a

detailed, written explanation of why the contract for supplies

or services is in the best interest of the Commonwealth,

including specifications, requirements, capabilities and

compatibility required. All written determinations and

justifications of sole source procurement contracts, purchase

orders, interagency agreements and intergovernmental cooperation

agreements shall be posted on the department's publicly

accessible Internet website. determination shall be signed by

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the head of the purchasing agency.

(d)  Approval required by board of commissioners of public

grounds and buildings.-- With the exception of small

procurements under section 514 and emergency procurements under

section 516 (relating to emergency procurement), if the sole

source procurement is for a supply, except for computer software

updates under $50,000, for which the department acts as

purchasing agency, it must be approved by the Board of

Commissioners of Public Grounds and Buildings prior to the award

of a contract.

§ 516.  Emergency procurement.

The head of a purchasing agency may make or authorize others

to make an emergency procurement when there exists a threat to

public health, welfare or safety or circumstances outside the

control of the agency create an urgency of need which does not

permit the delay involved in using more formal competitive

methods. Whenever practical, in the case of a procurement of a

supply, at least two [bids] quotes shall be solicited. A written

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determination of the basis for the emergency and for the

selection of the particular contractor shall be included in the

contract file[.] and shall include a justification, which for

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procurements over $250,000 shall be signed by the Secretary of

General Services, and for information technology contracts by

the Secretary of Administration or by the Chief Information

Officer of the Office of Information Technology, explaining why

the emergency procurement is necessary. All written

determinations and justifications of emergency procurement

contracts, purchase orders, interagency agreements and

intergovernmental cooperation agreements shall be posted on the

department's publicly accessible Internet website. [contract

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file.] procurement file and shall be posted on the purchasing

agency's publicly accessible Internet website within seven

calendar days after the emergency procurement is authorized and

shall remain on the website for a minimum of 30 days. No written

contract shall be required. The supplier of the supply, service

or construction may be paid based on the emergency approval and

approved invoice.

Section 2.  This act shall take effect in 60 days.